May 07, 2021
Summary: Are you being sued by Worldwide Asset Purchasing for an old debt you'd forgotten about? Respond quickly and win your case in court.
If you have fallen into debt you might be frustrated and worried. This is totally understandable because it can feel very overwhelming. Whether the reason for your debt is an illness, a disability, being laid off, or simply forgetting to pay your bills, you are not alone. Millions of Americans suffer from debt, but if a lawsuit is being brought against you then you must take action.
Especially if you are being sued by Worldwide Asset Purchasing, LLC for debt, then you need to be aware of a few things. Most often an original creditor (such as a loan officer or credit card company) will assign or sell your debt to a third party. This third-party debt collector (such as Worldwide Asset Purchasing) will go through every effort in an attempt to make you pay. You must learn your rights and take the right steps to beat Worldwide Asset Purchasing in court.
If you are being called or harassed by Worldwide Asset Purchasing, it is important to know what and who you are dealing with. This company is a debt collection agency located in Omaha, Nebraska. While it was established in 2007, over the last few years they have specifically purchased “junk debt.” This form of debt has typically been given a low credit rating by a rating agency. There is a higher risk that comes with junk debt, but along with higher risk also comes higher interest rates.
Some consumers have filed harassment suits against Worldwide Asset Purchasing. One example from 2012 shows a federal judge approving a settlement for 3,000 Maryland consumers. Worldwide Asset Purchasing had attempted to collect debts without being legally licensed to do so in that state. Also, many of those debts had passed the statute of limitations.
This leads us to understand how to fight a debt collection suit by Worldwide Asset Purchasing.
The Fair Debt Collection Practices Act (FDCPA) is a set of rules that governs how a third-party debt collector may talk to you, and address you. Essentially it states how they may legally attempt to collect a debt from you. The following is against the rules of the FDCPA and, if violated, warrants a countersuit:
If any of the above have occurred or been inflicted on you from Worldwide Asset Purchasing, then you have legal recourse. These can be brought to the court as a defense to your debt collection lawsuit, allowing you to beat Worldwide Asset Purchasing.
The statute of limitations governs how long a consumer can be brought to court for debt. In some states, the statute of limitations is only three years, while it is most commonly from four to six years. In the state of New York, the statute of limitations is 20 years.
Often your debt will have been purchased by multiple debt collection agencies or individuals. When this occurs, the time will increase between yourself and the original debt. After the statute of limitation has expired, the debt collector officially loses their right to pursue recovery in court. This is because the debt is officially time-barred.
If you are being pursued for debt by Worldwide Asset Purchasing with the statute of limitations expired, this is an affirmative defense that you will need to raise in court. In this case, although the debt collector may no longer be able to pursue you in court, they may continue to attempt to collect the debt and report to a credit bureau. This may lead to a reduction in credit score and a negative credit report.
After receiving an official Summons and Complaint by Worldwide Asset Purchasing, you will need to respond as soon as possible. This must be done in an official “Answer.” You will only have 20 to 30 days to send your Answer. If you do not respond in the allotted amount of time, then you will be given a default judgment.
Default judgments occur when you either ignore the debt or simply do not respond. This default judgment against you allows the debt collector to begin garnishing your wages, taking money out of your checking account, and even trying to recover attorney's fees and related court costs.
Another reason why you want to respond is that debt collectors typically assume you won't respond. If you do respond to the lawsuit and ask for proof of your debt, they may not be able to offer this to you.
When a debt collector files a lawsuit against you, you are allowed to ask for proof. This means you should ask for the following:
If Worldwide Asset Purchasing cannot produce any form of evidence that you owe the debt, you may request that the judge dismiss your case. This is important because when a debt collector sues you, the “burden of proof” legally rests with them. If the debt collector cannot prove their case, then they cannot legally pursue you for this debt.
If you are looking to beat Worldwide Asset Purchasing in court then you must act now and quickly. If you end up not creating a viable defense, then you may still be charged for the debt. In this case, you have the option to settle the debt for less than you owe. Whatever you do, always remember to respond to your summons promptly.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.